Jump to content
The Official RONR Q & A Forums

Is Mishandled Meeting Void?


Locomotiveman

Recommended Posts

Our Annual HOA (Homeowner's Assoc.) meeting was conducted very loosely with no opportunity for discussion before voting. There was a Quorum. Proxies were submitted. Notes were taken by the Sec'y. No one raised any Points of Order. It was my first meeting. Certain items that passed involved raising everyone's Assoc. Dues. Q: Is that meeting's Business and voting now Null and Void? Q: Board of Directors President has called for a SPECIAL MEETING to resolve the mess and someone questions the NEED for this new SPECIAL MEETING  and I am left wondering how to respond.

Quote

 

 

Link to comment
Share on other sites

The key remark in your question was  "No one raised any Points of Order."   If it was reasonable clear what was adopted, even quite informally, and none of the issues resulted in "continuing breaches of order" (see pp. 250-251) then all is over and done with.  There is no "mess" and no need for a special meeting.

Link to comment
Share on other sites

Guest Who's Coming to Dinner

The only continuing breach I can imagine would be if the bylaws don't permit proxies. That would be grounds for a point of order (at any future meeting) to annul all the votes in which proxies were counted. But HOA rules very often do allow proxies.

Link to comment
Share on other sites

If members are suddenly unhappy about what was adopted, a member can move to rescind or amend something previously adopted. It can be done at a regular or a special meeting, but keep in mind that notice of the proposed action must be given to the membership to do it at a special meeting. Notice isn't required to do it at a regular meeting, but notice can lower the vote required to amend or rescind. The motion is subject to special rules.

Link to comment
Share on other sites

1 hour ago, Locomotiveman said:

Q: Is that meeting's Business and voting now Null and Void?

No - at least, not based upon the facts provided. As a general rule, a Point of Order must be raised at the time of the breach. This is certainly the case regarding the lack of opportunity for discussion. No other specific issues are listed in your post. The general claim that the meeting was conducted "very loosely" is too vague to draw any conclusions from.

1 hour ago, Locomotiveman said:

Q: Board of Directors President has called for a SPECIAL MEETING to resolve the mess and someone questions the NEED for this new SPECIAL MEETING  and I am left wondering how to respond.

What exactly is in the call of this special meeting "to resolve the mess?" Special meetings may only consider business included in the call.

Based on the facts provided, I am inclined to agree that there is no need for this special meeting.

Link to comment
Share on other sites

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
×
×
  • Create New...